HomeMy WebLinkAboutResolution - 081166E - Agreement - Fort Worth & Denver Railway Company - Grade Crossing Installation - 08_11_1966 SCR:kks ox 11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement Cov-
ering the Installation of Grade Crossing between the City of Lubbock and the
Fort Worth and Denver Railway Company covering the new crossing of Coronado
Drive, attached herewith which shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of
this Resvltition as if fully copied herein in detail.
Passed by the City Council this 11th day of August 1966.
D.' ROGERS$ M o
ATTEST-:-
Idavenfa Lowe,, it Secretary-Treasurer
APPIIOVED,a
Fred O. Senter, Jr. , City to y
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IKPProv
Arsr. G y rnty
\� • AGREEMENT COVERING THE INSTALLATION OF GRADE CROSSING
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THIS AGREEMENT, Made and entered into this Und day of July, 1966, by
and between FORT WORTH AND DBNVER RAILWAY COMPANY, a Texas corporation (hereinafter
referred to as the "FW&D") and CITY OF LUBBOCK, a municipal corporation of the
State of Texas (hereinafter referred to as the "City"), WITNESSETHr
WHEREAS, the City desires to open a new street, to be designated as
Coronado Drive, from its intersection with Avenue "A" and extending in an east-
erly direction across the FW&D industry lead track extending northward and located
approximately 90 feet east of centerline of Avenue "A", as shown on the print dated
July 22, 1966, marked Exhibit "A", attached hereto and madi"a part hereof; and
WHEREAS, the FW&D is agreeable to the proposed opening of Coronado Drive
crossing its track at grade;
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements herein contained, the parties hereto promise and agree as
follows:
1. The FW&D, without warranty of title, and without consideration other
than performance of this agreement by the City hereby grants a license to the City
across a portion of FW&D right of way as shown shaded in yellow on said Exhibit "A"
for street purposes only. The FW&D reserves to itself, its successors and assigns,
notwithstanding the license hereby granted, the perpetual, continued and uninter- ,
rupted right to use its right of way and property for railroad purposes, and also ;
reserves the right to use its right of way and property for any other purpose not
inconsistent with the maintenance and use of said street. -The FW&D also reserves '
the right to grant to others the right to use its right of way, property and rail
facilities located thereon for any purpose not inconsistent with the maintenance
and use of said street, and that any temporary or unauthorized crossings now exist-
ing in the near vicinity of this proposed crossing will be closed. The ;City under-
stands that the license hereby granted is and shall remain subject to the.,prior '
rights of any person, firm or corporation to use any portion of FW&D property at or
near the street site.
2. The FW&D shall furnish all materials and labor to place the trackage in
the street in proper condition for the concrete crossing.
3. The FW&D shall furnish and install two reflectorized crossbuck signs.
4. The City shall at its expense furnish all materials and shall perform
the necessary grading, install the necessary drainage structures, install the paving,
curb and gutters and construct the concrete crossing across the track section in
the street.
5. Upon the completion of the work outlined in paragraphs 29 3, and 4 above,
the City shall thereafter maintain the subgrade, pavement, drainage structures, curb
and gutter and concrete track crossing on said Coronado Drive.
6. In the event that the City desires in the future to widen Coronado Drive,
it is understood and agreed that the entire expense of such widening, including
concrete crossing, shall be borne by the City.
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7. All the covenants herein contained shall be binding upon and inure
to the benefit of the successors and assigns of the parties hereto respectively.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to ba
executed by ,their duly authorized officers the day and year first above written.
ATTEST:; FORT WORTH AND DENVER RAILWAY COMPANY
By.
Secretary Vice President
ATTEST: CITY OF LUBBOCK
By.
City Clerk Mayor
APPROVED:
Attorney Superintendent
Asst. V. P. and Gen. Mgr. Asst. Chief Engineer
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